Performance Bonds: Get the Bond Your Construction Contract Requires

Awarded a Job That Needs a Performance Bond? Send Us the Contract.

If a project owner requires a performance bond, send us the contract or notice of award and the bond form. We’ll check the amount and form and tell you what the surety needs for a quote.

If the contractor defaults, the surety investigates and can choose how to respond under the bond and the contract. The options can include helping the contractor complete the work, arranging for another contractor to finish, or paying within the bond amount.
The surety can seek reimbursement from the contractor under the indemnity agreement, so a performance bond is not insurance for the contractor.

What Is a Performance Bond?

A performance bond is a surety bond that guarantees a contractor will perform a construction contract according to its terms. The project owner is the obligee, and the surety backs the contractor’s promise to finish the work.

Who Requires a Performance Bond?

Public owners often require one. Under the federal Miller Act, performance and payment bonds are required for federal construction contracts exceeding $150,000, with limited waivers, according to Federal Acquisition Regulation 28.102-1. States and local governments have their own rules for public work.

Private owners, lenders, and general contractors can require performance bonds too. The contract and bid documents tell you what you need.

Performance Bond or Payment Bond?

They do different jobs. A performance bond is about completing the contract. A payment bond is about paying covered subcontractors, laborers, and suppliers. Many contracts require both.

See Payment Bonds for how the payment side works.

What Does a Surety Look at Before Approving a Performance Bond?

The surety is underwriting the contractor and the job, not only selling a form. It looks at whether you have the ability, the financial strength, and the track record to complete the work.

Depending on the size of the request, that can include credit, financial statements, working capital, completed-job history, work in progress, and the specific contract.

How Much Does A Performance Bond Cost?

Performance bonds are generally priced as a rate applied to the contract amount, not as the full bond amount. The rate depends on the contractor, the project, the bond requirements, and the surety.

Larger or more difficult accounts can need more underwriting before a firm price can be given. We cannot quote a rate until we see the contract and your information.

Will a Performance Bond Require a Credit Check?

Usually. Credit is one part of underwriting. Larger bonds also look at company financials, work in progress, and experience.

If your credit or financials are not perfect, tell us up front. The options depend on the bond size, the contractor’s overall position, and the surety markets available.

Contract or notice of award
Bond form from the owner
Company financial information, for larger bonds
Contract amount and bond percentage or amount
Start and completion dates
Project name, owner, and location

What Should I Send for a Performance Bond Quote?

Send us what you have. The most useful items are:

How Long Does It Take to Get A Performance Bond?

It depends. A smaller performance bond with a complete file can move more quickly. A new account, a larger job, an unusual form, or a request that needs financial statements can take longer.

Send the contract as soon as you have it, not when the owner’s deadline is a day away.

Others

Related Bonds

If this is not the bond you were asked for, these pages may help.

Does the Performance Bond Requirement Change by State?

Yes for public work. Each state and many local governments set their own rules, thresholds, and forms for public construction, and federal work follows federal rules. Do not assume a bond form for one owner works for another.

Check the contract and bond form for each project.
Common questions

Performance Bonds, FAQs

No. A performance bond guarantees completion of the contract. A payment bond guarantees payment of covered subcontractors, laborers, and suppliers.
Only if the owner or bid documents require one. A bid bond is a different bond used during bidding.
No. It protects the project owner as the bond provides. If the surety pays or completes the work, it can seek reimbursement from you.
The owner, the law, or the bid documents set it, often as a percentage of the contract. Use the amount in your requirement.
Yes, depending on the contractor and the job. Smaller contractors may qualify through standard surety markets or, when eligible, an SBA-supported bond program.
Possibly. It depends on the whole picture. Send us the requirement and tell us what you are working with.
Need A Performance Bond?

Send Us What You Have.

Send us the contract, notice of award, or bond form. We’ll tell you what the surety needs next.

The Bond Agent | 3655A Old Court Rd, Suite 13 | Baltimore, MD 21208

A quote is not a bond. Your bond is not in force until it is issued, and the agency or court may have its own filing rules.
The Bond Agent is operated by Joshua Feintuch, a licensed Maryland insurance producer. Last reviewed October 5, 2026.
Source: Federal Acquisition Regulation 28.102-1 (acquisition.gov), reviewed October 5, 2026. Verify the current federal threshold and any state requirement before you rely on a number.